Clarence Eugene Taylor, in pro. per.
John K. Best, Asst. Dist. Atty., and L. Alexander Sculco, Dist. Atty., Greensburg, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Gunther and Wright, JJ.
[ 173 Pa. Super. Page 419]
Appellant has been confined for considerably longer than three months in the Allegheny County Workhouse by virtue of his failure to comply with the following order of the Court of Quarter Sessions of Westmoreland County in a desertion and non-support case:
'And Now July 3, 1952, after hearing it is ordered and directed that the previous order of Court is hereby cancelled and set aside and the defendant is directed to pay to H. A. Sanderbeck, Probation Officer, the sum of $50.00 per month for the support of his daughter, Leah Jean Taylor. Arrearages to stand. It is further ordered that the defendant enter into bond with approved surety in the sum of $3,000.00; failure to post
[ 173 Pa. Super. Page 420]
said bond forthwith, defendant to be committed to the Allegheny County Workhouse under the Act of May 24, 1917, P.L. 268'.
The first paragraph of section 1 of the Act of 1917, P.L. 268, 19 P.S. § 1151, contains the following provision:
'Whenever in any proceedings brought against any man, wherein it is charged that he has, without reasonable cause, separated himself from his wife or children, or from both, or has neglected to maintain his wife or children; or in any proceedings where any father of an illegitimate child has neglected to comply with the order of court made against him, in fornication and bastardy proceedings, or in any other proceedings for the support of such child, for the payment to the mother of expenses incurred at the birth of the child; or in any proceedings where any child of full age has neglected or shall neglect to maintain his or her parents, not able to work or of sufficient ability to maintain themselves, -- the court having jurisdiction shall commit the defendant to imprisonment, for want of a bond with security; or, otherwise, the court may order the defendant to be imprisoned at hard labor under existing laws, or laws that may hereafter be passed, in such penal or reformatory institution in this Commonwealth as the court shall direct; or the court may discharge a defendant upon his own recognizance, in the custody of a desertion probation officer or other person, subject to such conditions as the court may, in its discretion, impose'.
Appellant's petition sets forth that he is able and willing to pay the monthly support as ordered by the court but that he is unable to pay the arrearages or to furnish a compliance bond. He contends that he is entitled to release by virtue of section 6 of the ...